SB 938 would amend Virginia’s firearm-use-in-felony statute, Code of Virginia § 18.2-53.1, to increase the mandatory minimum penalty for a second or subsequent conviction under that section from five years to 10 years. The bill keeps the existing three-year mandatory minimum for a first conviction and continues to require that the firearm sentence run consecutively to the sentence for the underlying felony. The covered predicate offenses remain serious violent felonies and related crimes, including murder, rape, robbery, carjacking, burglary, malicious wounding, certain assaults on law-enforcement officers, mob-related malicious wounding, and abduction.
The bill also includes a fiscal note stating that it may increase periods of imprisonment or juvenile commitment, with an estimated state adult corrections cost of $24,997 and an indeterminate impact on the Department of Juvenile Justice. In practical terms, the measure would lengthen incarceration for repeat offenders convicted of using or displaying a firearm during the commission of specified felonies and would increase the punishment severity for repeat firearm-related violent crime.
The overall sentiment reflected in the available voting history appears mixed to negative for the bill’s advancement, as it was passed by indefinitely in the Senate Committee for Courts of Justice by an 8-5 vote. That outcome suggests the committee majority was not prepared to move the bill forward, even though the vote indicates a substantial minority supported it. No committee transcript is available, so there is no recorded floor discussion to show broader public arguments for or against the proposal.
The main point of contention is the policy choice to increase mandatory minimum sentencing, especially for repeat offenders. Supporters likely viewed the bill as a tougher deterrent and a way to punish firearm-enabled violent crime more severely, while opponents likely objected to expanding mandatory incarceration, the fiscal cost, and the limits mandatory minimums place on judicial discretion. Because the bill targets already serious offenses, debate would likely center on whether longer mandatory terms improve public safety enough to justify the added prison time and cost.
Impact
SB 938 would directly amend § 18.2-53.1 of the Code of Virginia by increasing the mandatory minimum sentence for a second or subsequent conviction for using or displaying a firearm during certain felonies from five years to 10 years. It would not change the list of underlying predicate felonies, but it would substantially increase penalties for repeat violations and preserve the requirement that the firearm sentence run consecutively to the sentence for the primary offense. The bill would also likely increase state correctional and juvenile commitment costs due to longer periods of confinement.
Sentiment
The available voting record suggests the bill did not have enough support to advance out of committee, as it was passed by indefinitely in Courts of Justice on an 8-5 vote. That indicates a divided committee, with a majority opposing further consideration and a meaningful minority favoring the tougher sentencing approach. With no committee transcript available, the record does not show detailed debate, but the outcome points to skepticism about expanding mandatory minimum penalties.
Contention
The central controversy is whether increasing a mandatory minimum from five to 10 years for repeat firearm-related felony convictions is an effective and appropriate public-safety measure. Supporters would likely emphasize deterrence, accountability, and the seriousness of armed violent crime, while opponents would likely focus on the costs of longer incarceration, the rigidity of mandatory minimums, and the reduced discretion for judges to tailor sentences. The fiscal note and the possibility of increased juvenile commitments add another layer of concern for those wary of expanding prison populations and state spending.